Opinion
Case No. 6:09-cv-1758-Orl-31KRS.
December 20, 2010
ORDER
This cause comes before the Court on Plaintiffs' Motion for Default Judgment (Doc. No. 104) filed October 6, 2010.
On December 3, 2010, the United States Magistrate Judge issued a report (Doc. No. 105) recommending that Counts 2 through 5 and 8 through 12 of Plaintiffs' complaint be dismissed and that the motion for default judgment be denied. It is further recommended that Plaintiffs be allowed to file an amended complaint only against Defendants Joseph M. Morse and No Image Just Music Entertainment, Inc. No objections have been filed. Therefore, it is ORDERED as follows:
1. The Report and Recommendation is CONFIRMED and ADOPTED as part of this Order.
2. The Motion for Default Judgment is DENIED.
3. Counts 2 through 5 and 8 through 12 of the complaint are DISMISSED. Plaintiffs are granted leave to file an amended complaint against Defendants Joseph M. Morse and No Image Just Music Entertainment, Inc. within twenty-one days from the date of this order. Should an amended complaint be filed, Plaintiffs must file proof of service of the amended complaint within sixty days of its filing. Failure to timely file and serve an amended complaint with allegations sufficient to support the causes of action asserted therein may result in dismissal of the case without prejudice without further notice.
DONE and ORDERED in Chambers, Orlando, Florida on this 20th day of December, 2010.